Trafficking Reduction And Criminal Enforcement (TRACE) Act

I 116TH CONGRESS 1ST SESSION H. R. 4255 To prevent the illegal sale of firearms, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 9, 2019 Mr. QUIGLEY introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent the illegal sale of firearms, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Trafficking Reduction 4 And Criminal Enforcement (TRACE) Act’’. 5 SEC. 2. REGULATORY REQUIREMENT TO MARK FIREARMS 6 WITH SECOND, HIDDEN SERIAL NUMBER. 7 (a) IN GENERAL.—Within 12 months after the date 8 of the enactment of this Act, the Attorney General shall 9 promulgate final regulations that require each firearm 10 manufactured in the United States on or after the effec- 11 VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4255 IH tive date of the regulation, to be marked with a serial 1 number that is located inside the receiver of the firearm 2 or that is visible only in infrared light, in addition to the 3 serial number with which the firearm is otherwise required 4 by law to be marked. 5 (b) DEFINITION OF RECEIVER.—Section 921(a) of 6 title 18, United States Code, is amended— 7 (1) in paragraph (3)— 8 (A) by inserting ‘‘, including an unfinished 9 frame or receiver’’ after ‘‘such weapon’’; and 10 (B) by striking ‘‘or (D) any destructive de- 11 vice’’ and inserting ‘‘; (D) any destructive de- 12 vice; or (E) any combination of parts designed 13 or intended for use in converting any device 14 into a firearm and from which a firearm may 15 be readily assembled’’; 16 (2) in paragraph (10)— 17 (A) by striking ‘‘and the’’ and inserting 18 ‘‘the’’; and 19 (B) by inserting ‘‘; and the term ‘manufac- 20 turing firearms’ shall include assembling a 21 functional firearm from a frame or receiver or 22 molding, machining, or 3D printing a frame or 23 receiver, and shall not include making or fitting 24 VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4255 IH special barrels, stocks, or trigger mechanisms to 1 firearms’’ before the period; and 2 (3) by inserting after paragraph (29) the fol- 3 lowing: 4 ‘‘(30) The term ‘frame or receiver’— 5 ‘‘(A) means the part of a firearm that can 6 provide the action or housing for the hammer, 7 bolt, or breechblock and firing mechanism; 8 ‘‘(B) includes a frame or lower receiver 9 blank, casting, or machined body that requires 10 further machining or molding to be used as 11 part of a functional firearm, and which is de- 12 signed and intended to be used in the assembly 13 of a functional firearm; and 14 ‘‘(C) does not include a piece of material 15 that has had— 16 ‘‘(i) its size or external shape altered 17 solely to facilitate transportation or stor- 18 age; or 19 ‘‘(ii) solely its chemical composition 20 altered.’’. 21 VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4255 IH SEC. 3. REQUIREMENT TO PRESERVE INSTANT CRIMINAL 1 BACKGROUND CHECK RECORDS FOR 180 2 DAYS. 3 (a) IN GENERAL.—Section 922(t)(2)(C) of title 18, 4 United States Code, is amended by inserting ‘‘after the 5 180-day period that begins with the date the system com- 6 plies with subparagraphs (A) and (B),’’ before ‘‘destroy’’. 7 (b) CONFORMING AMENDMENT.—Section 511 of divi- 8 sion B of the Consolidated and Further Continuing Appro- 9 priations Act, 2012 (34 U.S.C. 40901 note; Public Law 10 112–55; 125 Stat. 632) is amended— 11 (1) by striking ‘‘for—’’ and all that follows 12 through ‘‘(1)’’; and 13 (2) by striking the semicolon and all that fol- 14 lows and inserting a period. 15 (c) REGULATIONS.—Within 180 days after the date 16 of the enactment of this Act, the Attorney General shall 17 prescribe regulations to implement the amendments made 18 by this section. 19 SEC. 4. REQUIREMENT THAT LICENSED FIREARMS DEAL- 20 ERS CONDUCT PHYSICAL CHECK OF THEIR 21 FIREARMS BUSINESS INVENTORY. 22 (a) IN GENERAL.—Section 923(g) of title 18, United 23 States Code, is amended by adding at the end the fol- 24 lowing: 25 VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4255 IH ‘‘(8) Each licensee shall conduct a physical check of 1 the firearms inventory of the business of the licensee li- 2 censed under this chapter, in accordance with regulations 3 which shall be prescribed by the Attorney General.’’. 4 (b) CONFORMING AMENDMENT.—The matter under 5 the heading ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS 6 AND EXPLOSIVES—SALARIES AND EXPENSES’’ in title II 7 of division B of the Consolidated and Further Continuing 8 Appropriations Act, 2013 (18 U.S.C. 923 note; Public 9 Law 113–6; 127 Stat. 247–248) is amended by striking 10 the 5th proviso. 11 (c) REGULATIONS.—Within 180 days after the date 12 of the enactment of this Act, the Attorney General shall 13 prescribe regulations to implement section 923(g)(8) of 14 title 18, United States Code. 15 SEC. 5. ELIMINATION OF LIMITATIONS ON USE OF GUN 16 TRACE INFORMATION. 17 (a) CONSOLIDATED AND FURTHER CONTINUING AP- 18 PROPRIATIONS ACT, 2012.—The matter under the head- 19 ing ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 20 EXPLOSIVES—SALARIES AND EXPENSES’’ in title II of di- 21 vision B of the Consolidated and Further Continuing Ap- 22 propriations Act, 2012 (18 U.S.C. 923 note; Public Law 23 112–55; 125 Stat. 609–610) is amended by striking the 24 1st and 6th provisos. 25 VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4255 IH (b) CONSOLIDATED APPROPRIATIONS ACT, 2010.— 1 The 6th proviso under the heading ‘‘BUREAU OF ALCO- 2 HOL, TOBACCO, FIREARMS AND EXPLOSIVES—SALARIES 3 AND EXPENSES’’ in title II of division B of the Consoli- 4 dated Appropriations Act, 2010 (18 U.S.C. 923 note; Pub- 5 lic Law 111–117; 123 Stat. 3128–3129) is amended by 6 striking ‘‘beginning in fiscal year 2010 and thereafter’’ 7 and inserting ‘‘in fiscal year 2010’’. 8 (c) OMNIBUS APPROPRIATIONS ACT, 2009.—The 6th 9 proviso under the heading ‘‘BUREAU OF ALCOHOL, TO- 10 BACCO, FIREARMS AND EXPLOSIVES—SALARIES AND EX- 11 PENSES’’ in title II of division B of the Omnibus Appro- 12 priations Act, 2009 (18 U.S.C. 923 note; Public Law 111– 13 8; 123 Stat. 574–576) is amended by striking ‘‘beginning 14 in fiscal year 2009 and thereafter’’ and inserting ‘‘in fiscal 15 year 2009’’. 16 (d) CONSOLIDATED APPROPRIATIONS ACT, 2008.— 17 The 6th proviso under the heading ‘‘BUREAU OF ALCO- 18 HOL, TOBACCO, FIREARMS AND EXPLOSIVES—SALARIES 19 AND EXPENSES’’ in title II of division B of the Consoli- 20 dated Appropriations Act, 2008 (18 U.S.C. 923 note; Pub- 21 lic Law 110–161; 121 Stat. 1903–1904) is amended by 22 striking ‘‘beginning in fiscal year 2008 and thereafter’’ 23 and inserting ‘‘in fiscal year 2008’’. 24 VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4255 IH (e) SCIENCE, STATE, JUSTICE, COMMERCE, AND RE- 1 LATED AGENCIES APPROPRIATIONS ACT, 2006.—The 6th 2 proviso under the heading ‘‘BUREAU OF ALCOHOL, TO- 3 BACCO, FIREARMS AND EXPLOSIVES—SALARIES AND EX- 4 PENSES’’ in title I of the Science, State, Justice, Com- 5 merce, and Related Agencies Appropriations Act, 2006 6 (18 U.S.C. 923 note; Public Law 109–108; 119 Stat. 7 2295–2296) is amended by striking ‘‘with respect to any 8 fiscal year’’. 9 (f) CONSOLIDATED APPROPRIATIONS ACT, 2005.— 10 The 6th proviso under the heading ‘‘BUREAU OF ALCO- 11 HOL, TOBACCO, FIREARMS AND EXPLOSIVES—SALARIES 12 AND EXPENSES’’ in title I of division B of the Science, 13 State, Justice, Commerce, and Related Agencies Appro- 14 priations Act, 2005 (18 U.S.C. 923 note; Public Law 108– 15 447; 118 Stat. 2859) is amended by striking ‘‘with respect 16 to any fiscal year’’. 17 (g) CONSOLIDATED APPROPRIATIONS RESOLUTION, 18 2003.—Section 644 of division J of the Consolidated Ap- 19 propriations Resolution, 2003 (5 U.S.C. 552 note; Public 20 Law 108–7; 117 Stat. 473–474) is amended by striking 21 ‘‘or any other Act with respect to any fiscal year’’. 22 Æ VerDate Sep 11 2014 02:20 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H4255.IH H4255 pamtmann on DSKBC07HB2PROD with BILLS